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(영문) 서울서부지방법원 2018.12.11 2018고단3576
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

However, on June 12, 2018, the Defendant had the honor to be an employee of a liquor company from a person in unsound name on June 12, 2018.

Cock cards to be used by a liquor company for tax reduction or exemption shall be lent for three days on the face of a week, and shall be used for 2.4 million won in return.

On June 14, 2018, at the entrance of the Mapo-gu Seoul Mapo World Cup-ro 212, he/she accepted the proposal while dialogueing through Kakakakao Stockholm, and around 16:00 on June 14, 2018, he/she sent the password via Kwikset Service, which was linked to the Defendant’s name bank account (C).

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of deposit transaction results and account transactions;

1. Application of the Kakao Stockholm Acts and subordinate statutes

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] sees that the access media leased by the defendant is used to commit the crime of telephone financing fraud, and that there is no benefit of crime acquired by the defendant; and

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